UPSC General Studies Sample Paper General Studies Sample Paper-8

  • question_answer
    Consider the following statements in the context of the various jurisdictions of the Supreme Court.
    1. Supreme Court cannot refuse to tender its advice when asked to tender such an advice by the President under Article 143.
    2. Judgements of Supreme Court under its advisory jurisdiction have the same effect as any other
    Supreme Court judgement.
    3. Supreme Court has exclusive and original jurisdiction in cases of dispute between two or more states.
    Which of the statements] given above is/are correct?

    A)  Only 1             

    B)  1 and 2           

    C)  Only 3             

    D)  None of these

    Correct Answer: C

    Solution :

    [c] In its advisory jurisdiction under Article 143, the Supreme Court can refuse to tender advice if the case involves a question of law or fact of public importance, which has arisen or is likely to arise. However, if the case involves a dispute relating to a pre-constitutional treaty, agreement etc. then the court has to tender its advise. Thus, statement 1 is incorrect. Statement 2 is also incorrect because the judgements of the Supreme Court under Article 143 are only advisory in nature and are not considered as judicial pronouncements and the President may or may not follow them.

You need to login to perform this action.
You will be redirected in 3 sec spinner